Motion · S4M-14518 · 14 Oct 2015

The Wilson Doctrine

Lodged by Alison McInnes Standard Motion 13 supporters

The motion

That the Parliament notes the ruling of the Investigatory Powers Tribunal on 14 October 2015 that the so-called Wilson Doctrine, which was put in place to help protect the private communications of MPs and members of the House of Lords from being unjustly intercepted by the security and intelligence agencies, “does not operate so as to create a substantive legitimate expectation”, “has no legal effect” and that, “unlike journalists’ and lawyers’ communications, there is no ECHR authority for enhanced protection for parliamentarians”; considers that the doctrine, which was introduced in 1966, has helped promote free speech, protected whistleblowers and provided the public with assurances that their confidential communications with their elected representatives are not the subject of surveillance; understands that members of both houses of the UK Parliament have been assured on numerous occasions that the doctrine applies to their communications; notes however that the tribunal stated that the official guidance given to the intelligence and security agencies determines that the doctrine’s “application is limited to members of the Westminster parliament only" and that it "has never been extended to members of the European Parliament or devolved administrations”; urges the UK Government to clarify how the doctrine is applied in respect of all elected members of parliaments and assemblies across the UK and to ensure that it extends any protection from spying given to members of the House of Commons and the House of Lords to MSPs, members of the Welsh and Northern Irish assemblies and MEPs.

Supporters (13)

Source: the Scottish Parliament motions and amendments record.